Kerala High Court
Sangita Iyer vs Guruvayur Devaswom on 14 February, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.16514/2023 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 14th day of February 2025 / 25th Magha, 1946
WP(C) NO. 16514 OF 2023
PETITIONER:
SANGITA IYER AGED 61 YEARS D/O MR. K. ANANTHARAMAN AND K.S.
MEENAKSHI, PERMANENTLY RESIDING IN TORONTO CANADA, PRESIDENT, VOICE
FOR ASIAN ELEPHANTS SOCIETY, 60 PAVANE LINKWAY, UNIT 709, TORONTO,
ON, CANADA M3C 1A1, REPRESENTED BY HER POWER OF ATTORNEY ALINA ANNA
KOSE, D/O KOSE MATHEW, AGED 25 YEARS, RESIDING AT PATLAT HOUSE, WEST
VENGOLA P.O, PERUMBAVOOR, ERNAKULAM, PIN - 683556
RESPONDENT:
1. GURUVAYUR DEVASWOM REPRESENTED BY ITS SECRETARY, GURUVAYURDEVASWOM,
GURUVAYUR, THRISSUR *CORRECTED *DETAILS OF R1 CORRECTED AS GURUVAYUR
DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS ADMINISTRATOR,
GURUVAYUR, THRISSUR - 680101 , PIN - 680101
2. STATE OF KERALA CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM * CORRECTED
*DETAILS OF R2 CORRECTED AS STATE OF KERALA, REPRESENTED BY THE
CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001, PIN - 695014
3. SECRETARY FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM * CORRECTED *DETAILS OF R3 CORRECTED AS
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, KERALA FORESTS AND
WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695001, PIN - 695014
4. SECRETARY DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM *
CORRECTED *DETAILS OF R4 CORRECTED AS ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001, PIN - 695014
5. CHIEF WILD LIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM * CORRECTED
*DETAILS OF R5 CORRECTED AS PRINCIPAL CHIEF CONSERVATION OF FORESTS
(WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS,
VAZHUTHACUAD, THIRUVANANTHAPURAM - 695014 DETAILS OF R1 TO R5 SUO
MOTU CORRECTED AS PER ORDER DATED 25-05-2023., PIN - 695014
6. ANIMAL WELFARE BOARD OF INDIA NATIONAL INSTITUTE OF ANIMAL WELFARE
CAMPUS, DELHI-AGRA HIGHWAY, NH-2,VILLAGE-SEEKRI, BALLABHGARH,
FARIDABAD, HARYANA. REPRESENTED BY ITS SECRETARY, PIN - 121004
7. THE DIRECTOR DEPARTMENT OF MUSEUMS AND ZOOS, MUSEUM AND ZOO CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
8. CENTRAL ZOO AUTHORITY OF INDIA B1 WING, 6TH FLOOR, PT.
DEENDAYALANTHODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI.
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 110003
WP(C) No.16514/2023 2/7
9. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAWAN JORBAGH ROAD, NEW DELHI, PIN - 110003
10. ADDL R10. THE DEVASWOM COMMISSIONER GURUVAYUR DEVASWOM, GURUVAYUR,
THRISSUR - 680101
11. ADDL R11. LIVE STOCK MANAGER GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR
- 680101 ADDITIONAL RESPONDENTS 10 AND 11 SUO MUTO IMPLEADED AS PER
ORDER DATED 25-05-2023
12. ADDL. R12. THE ASSISTANT CONSERVATION OF FOREST, THRISSUR SOCIAL
FORESTRY, PALACE ROAD, CHEMBUKAVU.P.O., THRISSUR - 680020 (SUO MOTU
IMPLEADED AS PER ORDER DATED 25-08-2023 IN WPC 16514/2023)
13. ADDL.R13. THE DEPUTY ADMINISTRATOR (LIVESTOCK) GURUVAYUR DEVASWOM,
GURUVAYUR, THRISSUR, PIN - 680101 ((SUO MOTU IMPLEADED AS PER ORDER
DATED 30-09-2023 IN WPC 16514/2023)
14. ADDL.R14.THE RANGE FOREST OFFICER SOCIAL FORESTRY
RANGE,CHEMBUKAVU,THRISSUR-680020
15. ADDL.R15.DIVISIONAL FOREST OFFICER FLYING SQUAD DIVISION, SONIA
NAGAR,PALARIVATTOM,ERNAKULAM-682025 ( ADDITIONAL R14 AND R15 SUO
MOTU IMPLEADED AS PER ORDER DATED 09/02/2024)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
a. To provide proper hygiene of the place by prompt removal and
cleaning of filth and refuse from the premises and keeping the area used
for housing of the elephants clean at all times, and to ensure that the
elephants don't have to stand in their own refuse;
b. To Lengthen and loosen chains of elephants and install a one-inch
thick rubber/ canvas (or other soft padding) sheathing below the chain and
of tethered elephants to prevent the chain from cutting into the flesh of
elephants
c. To provide properly diverse diet to the elephants appropriate for
their health and nutritional needs based on expert scientific opinion and
studies on the same;
d. To identify and retire those elephants that are aged, or are not
being used by the temple in a rehabilitation center, where they can roam
freely in an open enclosure chain-free;
e. To provide proper environmental enrichment for each elephant and
to provide facility for proper exercise and movement for the elephants and
to maintain a log book for the same.
This petition again coming on for orders upon perusing the petition
WP(C) No.16514/2023 3/7
and the affidavit filed in support of WP(C) and this Court's order dated
10.02.2025 and upon hearing the arguments of M/S. M.R.HARIRAJ (SENIOR
ADVOCATE), THANUJA ROSHAN, VISWAJITH C.K, GISHA G. RAJ, REJIVUE K.C.,
VIDYA A.K, AKHILA S., MEGNA MARIYAM M., GAYATRI VISWANATHAN, Advocates for
the petitioner, STANDING COUNSEL for the respondents 1 and Addl R10 and
R11, SRI S RAJMOHAN, SENIOR GOVERNMENT PLEADER for the respondents 2 and 4
, SRI NAGARAJ NARAYANAN, SPECIAL GOVERNMENT PLEADER (FOREST) for the
respondents 3, 5,7,12,14 and 15, SRI. JAYASANKAR.V.NAIR, CENTRAL
GOVERNMENT COUNSEL for R6, SMT.N.S.DAYA SINDHU, SHREE HARI N.S., CENTRAL
GOVERNMENT COUNSEL for the respondents 8 and 9 and of
SRI.K.P.SREEKUMAR(SENIOR ADVOCATE), ADVOCATE COMMISSIONER, the court
passed the following:
P.T.O
WP(C) No.16514/2023 4/7
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.P.(C) No.16514 of 2023
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Dated this the 14th day of February, 2025
ORDER
Anil K. Narendran, J.
The petitioner has filed this writ petition invoking the provisions under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Guruvayur Devaswom Managing Committee to comply with the statutory stipulations under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 as well as Ext.P1 guidelines issued by the Ministry of Environment and Forest for care and management of captive elephants, by providing sufficient gazing area for food and other stipulations for the elephants of Guruvayur Devaswom, which are kept in 11 Acres of land in Punnathur Anakkotta.
2. In this writ petition, this Court has already passed various orders. The learned Advocate Commissioner appointed in terms of the order dated 25.05.2023 has submitted a report after conducting an inspection in Punnathur Anakkotta on 04.06.2023. The Special Team constituted in terms of the order dated 15.02.2024, consisting of the officers mentioned in paragraph 10 of that order, has submitted a report on the welfare and veterinary WP(C) No.16514/2023 5/7 2 W.P.(C) No.16514 of 2023 status of elephants owned by Guruvayur Devaswom, with specific reference to the provisions under Wildlife (Protection) Act, 1972, Kerala Captive Elephants (Management and Maintenace) Rules, 2012, Prevention of Cruelty to Animals Act, 1960 and Ext.P1 Guidelines for Care And Management of Captive Elephants dated 08.01.2008, after conducting an inspection at Punnathur Anakkotta.
3. Today, when this matter is taken up for consideration, the learned Senior Counsel for the petitioner would point out an incident that happened on 13.02.2025 in connection with the annual festival of Manakkulangara Temple near Koyilandi. Three elderly persons died in the stampede caused on account of two elephants getting violent due to the bursting of crackers.
4. During the course of arguments, the submission made by the learned Senior Counsel for the petitioner is that both the elephants belong to Guruvayur Devaswom. The elephants were taken to Koyilandi from Punnathur Anakkotta at Guruvayur.
5. The learned Standing Counsel for Guruvayur Devaswom Managing Committee and also the learned Special Government Pleader (Forest) seek time to get instructions.
6. Having considered the submissions made at the Bar, we WP(C) No.16514/2023 6/7 3 W.P.(C) No.16514 of 2023 deem it appropriate to direct the additional 13th respondent Deputy Administrator (Livestock), Guruvayur Devaswom to be personally present in Court on 17.02.2025 along with the feeding register, transportation register and other statutory registers maintained in respect of captive elephants at Punnathur Anakkotta, including the elephants involved in the aforesaid incident.
List this matter for further consideration on 17.02.2025 at 2.00 p.m. Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE scl 14-02-2025 /True Copy/ Assistant Registrar WP(C) No.16514/2023 7/7 APPENDIX OF WP(C) 16514/2023 Exhibit P1 TRUE COPY OF THE COVERING LETTER DATED 08.01.2008 AND THE GUIDELINES ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST 14-02-2025 /True Copy/ Assistant Registrar